Robbery Charges Lawyers in Calgary
Robbery is covered under Section 343 of the Criminal Code and is a straight indictable offence involving a serious property offence. A person may be charged with robbery if they attempt or succeed in theft and incorporate violence or the threat of violence in their act.
Robbery is a straight indictable offence, meaning the punishment is severe, with most people convicted of robbery receiving imprisonment up to a maximum of life imprisonment. However, the length of imprisonment varies depending on several factors, such as the presence of a restricted or prohibited firearm and whether this was a second or subsequent offence.
According to statistics, over the past decade, Calgary has seen a steady increase in robbery cases, with incidents increasing from 958 in 2013 to 1,238 in 2023.
Contact Strategic Criminal Defence to find out more about how our team can help you with your robbery charge.
Key Takeaways
- Robbery is a severe charge as it is a straight indictable offence. Typically, those convicted of robbery will face imprisonment, with sentence times varying depending on numerous factors up to a maximum of lifetime imprisonment.
- If a restricted or prohibited firearm was used:
- A first-time offender will receive a minimum of 5 years imprisonment.
- A second or subsequent offender will receive a minimum of 7 years imprisonment.
- If any other firearm was used, an offender may face a minimum of 4 years imprisonment.
- A formal bail hearing typically occurs within 24 hours of arrest/detention if you have been charged with robbery.
- Bail conditions can include refraining from interacting with the alleged victim, refraining from attending the location where the robbery occurred, prohibition on drugs, alcohol, travelling, and possessing weapons, and imposition of a curfew or house arrest.
- Robbery charges can be beaten. Contact Strategic Criminal Defence to learn more about what our team of experienced criminal defence lawyers can do for you.
How can a Robbery Lawyer in Calgary help?
Hiring one of our skilled criminal defence lawyers here at Strategic Criminal Defence comes with plentiful advantages when fighting a robbery charge. Our lawyers provide clients with precharge legal advice, allowing you to obtain legal advice before your charge to confirm whether you would like to proceed with our services.
Through knowledge and guidance, our adept lawyers also equip clients with adequate knowledge on navigating conversations with law enforcement, protecting them against self-incrimination. By gathering evidence, interviewing witnesses, retaining expert witnesses when necessary, and representing you at trial, our lawyers are ready to aid in achieving the best possible outcome for your case.
Navigating the criminal justice system and the court process with the guidance of one of our diligent lawyers will make your journey less daunting. Contact us to book a no-obligation, free consultation to inquire more about how our team can help you.
Robbery Charge in the Criminal Code of Canada
Robbery is a straight indictable offence involving theft or attempt to, with an aspect of violence or threat of violence. The punishment for robbery is severe, with the possibility of facing a maximum of life imprisonment.
What are the consequences of a robbery charge?
Section 344 of the Criminal Code defines a robbery charge as an indictable offence, meaning the punishment will be severe.
The jail sentence you could face varies depending on whether a restricted or prohibited firearm was used during the robbery. If a restricted or prohibited firearm was used, then a first-time offender can receive a minimum of 5 years imprisonment. A second or subsequent offender may face a minimum of 7 years imprisonment if a restricted or prohibited firearm was used. If any other firearm was used, an offender could face a minimum of 4 years imprisonment for robbery. In any case, a maximum of life imprisonment could be imposed.
Robbery Charge Defences
Our criminal defence lawyers understand that each case is unique. That is why they work hard to determine which defences would provide the best outcome for your case. Each defence comes with its strengths when applied correctly, depending on the precise allegations provided against you.
Below are some of the common defences that may be utilized by our lawyers when fighting your robbery charge.
- Factual innocence: When applied correctly, this defence is typically the strongest defence against a robbery charge if it can be established that the evidence and facts of the case do not shed light on you being the cause of the robbery, whether you were present, or other elements of the offence.
- Identity: To apply this defence successfully, you must prove that you were not the person identified at the robbery scene. This could be utilized in circumstances where there is no recording of the incident, the recording quality is poor, and it is difficult to identify the perpetrator, or the witness was unable to obtain an accurate description of the perpetrator. The use of an alibi or other corroborative evidence will strengthen this defence.
- Lack of actus reus and mens rea: In Canada, to convict an individual of a criminal offence, the Crown must prove the presence of two elements, amongst other factors. Both actus reus (guilty action) and mens rea (guilty mind) must be present. If it can be proven that you lacked either of these two elements, this defence may be applied successfully, and you may not be convicted of robbery.
- Any applicable Charter defences: All your rights and freedoms before and after your arrest are outlined in the Charter. This defence may apply if the police infringed upon your rights outlined in the Charter any time before and after your arrest. If this defence is successful, some or all of the evidence gathered by the police may be excluded at trial, making it difficult for the Crown to secure a conviction.
Robbery Charge Investigation
In Calgary, an investigation into a robbery allegation is initiated when the police are contacted by the alleged victim or witness of the robbery. This is followed by the police attending the scene of the robbery and obtaining written statements from the alleged victim and witnesses, which will, in turn, launch an investigation.
If you are a person of interest in the police investigation, it is important to obtain expert legal advice from a lawyer before speaking to the police to prevent self-incrimination. Contact Strategic Criminal Defence to find out more about how our lawyers can guide you through this situation.
Once the police have sufficient evidence to have reasonable grounds in believing you to be the perpetrator, they will launch a team to track you down or may issue a warrant for your arrest. Once you have been detained by the police, they may proceed to charge you immediately or may decide to further question you in their District Office. It is important to note that if you have been arrested, the police must provide you with the opportunity to contact a lawyer and speak to them privately. If you choose to exercise this right, all further questioning will be halted until you have spoken with your lawyer.
Once a robbery charge has been laid against you, a disclosure package with all the evidence collected by the police will be distributed to the Crown Prosecutor. Contact one of our criminal defence lawyers to assist in obtaining, reviewing, and assessing the disclosure package with you.
Bail Conditions for Robbery Charges
If you have been arrested for robbery in Calgary, a bail hearing will be required to release you on bail conditions. These conditions must be followed once you have been released from police custody. If you fail to follow any of the set bail conditions, you will be promptly arrested and must await another bail hearing.
Bail conditions typically applied for robbery charges include a no-contact condition, in which you cannot contact the alleged victim in any way. You may also be refrained from visiting the robbery scene and may even receive implementation of a curfew or house arrest. Further bail conditions may restrict the usage of drugs, alcohol, possessing weapons, and travelling.
Frequently Asked Questions About Robbery
What is the full meaning of robbery?
Robbery, as defined by Section 344 of the Criminal Code, includes the attempt of or successful act of theft, including the use of or threat of violence. Robbery is an indictable offence; therefore, the punishment is severe, and some convicts may face up to life imprisonment. For more information regarding your robbery charge, please contact Strategic Criminal Defence to book a free consultation to discuss your matter with one of our experienced criminal defence lawyers.
What is the punishment for Robbery in Canada?
Robbery is an indictable offence in Canada and the maximum punishment is lifetime imprisonment. The punishment varies depending on whether a restricted or prohibited firearm was involved in the robbery.
If a restricted or prohibited firearm was used:
- A first-time offender will receive a minimum of 5 years imprisonment.
- A second or subsequent offender will receive a minimum of 7 years imprisonment.
If any other firearm was used, an offender may face a minimum of 4 years imprisonment.
What is the most common type of robbery?
The most common type of robbery scenarios involve robbing banks and convenience stores. Robbery is seen as a serious offence in Canada. Get in touch with one of our lawyers to find out more about robbery charges.
Contact Us
If you have been charged with a criminal offence, you need legal advice. Contact our Calgary criminal lawyers today for a free consultation.
